Law and Society Commons^™

Spirit Myth And Economic Activity: The Harmonious World Of Florida's Indians, Francis J. Sicius

St. Thomas Law Review

No abstract provided.

Separating The Victim From The Abuser: Chapter 94-135 And The Florida Legislature's Most Recent Attempts To Control Domestic Violence, Diane F. Medley

St. Thomas Law Review

This comment will look at Chapter 94-135 of the laws of Florida and the statutes it altered as compared to the recommendations from The First Report of the Governor's Task Force on Domestic Violence5 as well as methods effectively being used by other states. It will show that Florida's new Act is a curious mixture of strength and weakness within the statutes, taking some new actions, yet not moving forward and sometimes even regressing in areas where decisive steps could have been taken, notably in such aspects as police intervention and reporting, pro-prosecution policies, and injunctions.

Is The Death Knell Sounding For Animal Rights - The Sacrifice Of Animals For Religious Purposes Under The Guise Of The First Amendment Right To The Free Exercise Of Religion, Mercedes A. Sanchez

St. Thomas Law Review

As a result of several Supreme Court decisions and a recent legislative enactment, it has become increasingly more difficult to protect animal rights through legislation. This is particularly true when the legislation is challenged as unduly encroaching upon the free exercise of religion. This comment questions the Court's most recent application of the strict scrutiny standard in free exercise challenges which effectively swept away the rights of animals. First, this comment discusses the evolution of animal legal rights. Next, this comment provides an overview of free exercise jurisprudence with particular emphasis on the test articulated in Employment Division, Department of …

Theories Of Poetry, Theories Of Law, Lawrence Joseph

Vanderbilt Law Review

I write poetry." Also, since 1976, when I was admitted to practice before a state bar, I have served as a law clerk for a justice of a state supreme court, practiced, and mostly taught law. About the time that I began law school, while I was writing poems that would appear in my first book, an extraordinary change in jurisprudence began to occur, one which focused on legal language as something more than a medium for conveying singular meaning. This legal theory has become as important as any since legal realism. Because I also have written essays and re- …

Farmers And Ranchers, Roger A. Lohmann

Faculty & Staff Scholarship

This book review, part of the third/nonprofit sector literature considers a case study of informal cooperation and decision-making in Shasta County, California. In certain key respects, the case parallels issues of the research literature on commons.

Outing In The Time Of Aids: Legal And Ethical Considerations, John F. Hernandez

St. Thomas Law Review

No abstract provided.

Diversity And Discrimination In Our Midst: Musings On Constitutional Schizophrenia, Cultural Conflict, And 'Interculturalism' At The Threshold Of A New Century, Francisco Valdes

St. Thomas Law Review

This essay argues that the 1990s pose a postponed but inescapable challenge: the fulfillment of the nation's historic commitment to liberty/ equality ideals for all Americans, regardless of race/ethnicity, sex/gender, economic class or sexuality/sexual orientation. In pursuing this argument, this essay traces the historical and jurisprudential continuities regarding (non)liberty/(in)equality that has plagued the American constitutional order from inception to the present, and then focuses on current controversies. Part I sketches a brief history of the liberty/ equality and non-liberty/inequality cross-traditions embedded into American law and society at the nation's genesis in order to show how the cross-traditions work at cross-purposes …

Liability Of Blood Banks For The Transmission Of Hiv-Aids, Martin B. Kofsky

St. Thomas Law Review

This article focuses on cases of HIV transmission arising from blood transfusions. This article specifically details and describes the effect of blood shield statutes upon HIV-AIDS litigation and the appropriate standard of care to which a blood bank or similar entity should be held. Finally, the impact of the standard of care in conjunction with blood shield statutes on negligence actions arising from the transmission of the virus through blood transfusions will be examined. Although only two to three percent of all HIV-AIDS transmission cases are attributable to transfusion, the bulk of the litigation with respect to HIV-AIDS transmission is …

Should Defense Counsel Interview Plaintiffs' Treating Physician Ex Parte: Physician-Patient Privilege V. Discovery, Diane Davis

St. Thomas Law Review

This article first discusses the physician's ethical and legal obligations towards the patient and society. Second, it explores cases in which a patient's right to claim the physician-patient privilege was at issue, and why courts permitted or prohibited ex parte interviews. The article concludes that the courts prohibiting ex parte interviews of treating physicians reach the proper result based on the public policy favoring the physician-patient privilege.

Back To The Future: Original Intent As A Means For Vitalizing The Fourteenth Amendment In The Context Of Race, Raneta J. Lawson

St. Thomas Law Review

Donald E. Lively's book The Constitution and Race exposes in a methodological way the historical origin of the conflict between symbolism and substance in the context of race. Lively chronicles two centuries of constitutional jurisprudence pertaining to race from the initial deferral of race-based issues at the nation's founding to the modem day catering to majoritarian interests that continues to subordinate racial concerns. Throughout this jurisprudential retrospective, Lively demonstrates how race-based considerations have permeated nearly every aspect of society and yet such considerations remain significantly unattended because of national policies that ultimately indulge competing priorities. Lively argues that a recognition …

A Constitutional Right Of Religious Exemption: An Historical Perspective, Philip A. Hamburger

Faculty Scholarship

Did late eighteenth-century Americans understand the Free Exercise Clause of the United States Constitution to provide individuals a right of exemption from civil laws to which they had religious objections? Claims of exemption based on the Free Exercise Clause have prompted some of the Supreme Court's most prominent free exercise decisions, and therefore this historical inquiry about a right of exemption may have implications for our constitutional jurisprudence. Even if the Court does not adopt late eighteenth-century ideas about the free exercise of religion, we may, nonetheless, find that the history of such ideas can contribute to our contemporary analysis. …

Cultural Critique And Legal Change, Charles W. Collier

UF Law Faculty Publications

No abstract provided.

Law, Literature, And Social Change: Foreword, Sharon A. Mattingly

Vanderbilt Law Review

FOREWORD: Interpreting the meaning of words, whether those words compose a precedent-setting case or a newly enacted statute, is an integral part of the law. Furthermore, the impact of legal texts clearly extends beyond the legal discipline and permeates all layers of society. But from where do we derive the meaning of words and texts? Is the text itself the source of meaning, or is the text an embodiment of a meaning, the source of which is society? What determines textual interpretations-the historical roots of the text itself, the historical gloss of prior interpretations, the private experiences that each new …

Afterword: Voices And Violence--A Dialogue, Ellen W. Clayton, Jay Clayton

Vanderbilt Law Review

WE: When organizing this Symposium on the topic of "Law, Literature,and Social Change," we asked whether current trends in literature and in literary, social, and legal theory actually could play a role in bringing about social change. The authors gathered at this Symposium responded to this question in very different ways. As we read their articles and comments, however, and as we talked about their various approaches, some common themes began to emerge. Narrative seemed important. The way people split public life off from private experience came up frequently. But violence seemed to be on everyone's mind.

IT: Why violence? …

The Role Of The Lawyer In Society, Wm. Reese Smith Jr.

St. Thomas Law Review

The task of adequately addressing the role of the lawyer in society is not without challenge because of the breadth and complexity of the subject. And necessarily, because my background has given me greater knowledge of the role of law and lawyers in the West, my analysis here draws heavily on the history and traditions of Western societies, while trying to be mindful of other legal traditions as well. Because the great difference among legal systems seems so obvious, perhaps one should begin by focusing on shared experiences in the development of the role of law in society. All legal …

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

West's Law & Commercial Dictionary in Five Languages

West Publishing Company, 1985. Pp. xvi, 885, 899.

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Flags of Convenience

By B.N. Metaxes

Aldershot, England and Brookfield, Vermont

Gower Publishing Company, 1985. Pp.x, 107.

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External Debt Management

Edited by Hassanali Mehran

Washington, D.C.: International Monetary Fund, 1985. Pp. v, 322.

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Adjustment, Conditionality, and International Financing

Edited by Joaquin Muns

Washington, D.C.: International Monetary Fund, 1984. Pp. xi, 214.

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Non-Appearance Before the International Court of Justice

By H.W.A. Thirlway

Cambridge: Cambridge University Press, 1985. Pp. v, 184.

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William Sheppard, Cromwell's Law Reformer

By Nancy L. Matthews

London: …

Society's Choice And Legal Change, Alan Watson

Scholarly Works

This Article is one of a continuing series of writings by the author on both the connection between a society and the legal rules and institutions that operate within it and on the forces that control legal change. My aim is to express more clearly than I have previously the role of lawyers and the legal tradition in changing the law, and the implications of this role for social choice theory in the realm of law.

Book Reviews, W. Paul Gormley, John E. Semonche

Vanderbilt Journal of Transnational Law

Book Reviews

CHEMICAL WEAPONS: DESTRUCTION AND CONVERSION

Published for the Stockholm International Peace Research Institute

London: Taylor and Francis, 1980. Pp. 201.

Reviewed by W. Paul Gormley

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THE DEFINITION OF LAW

Hermann Kantorowicz

Edited by A.H.Campbell, with an introduction by A.L. Goodhart

New York: Octagon Books, 1980. Notes and bibliography. Pp. 113.

Reviewed by John E. Semonche

Book Reviews, Journal Staff

Vanderbilt Journal of Transnational Law

Book Reviews

MERCHANTS OF GRAIN Dan Morgan New York: The Viking Press,1979. Pp. xiv, 387. $14.95.

Reviewed by Leo V. Mayer

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THE DISCIPLINE OF LAW Lord Denning London: Butterworths, 1979. Pp. xxii, 331.

Reviewed by P. F. Ashman

Law In Sociobiological Perspective, Dr. Margaret Gruter

Florida State University Law Review

No abstract provided.

Justice: An Un-Original Position, Neil Maccormick

Dalhousie Law Journal

Human societies are not voluntary associations. At least so far as concerns national societies and states, most human beings do not have a choice to which one they will belong, nor what shall be the law and the constitition of that to which they do belong; especially, their belonging to a given state is not conditional upon their assenting to the basic structure of its organization. Someone who is born into a given state has obviously no choice, no opportunity to stipulate conditions upon which he will accept citizenship. Choice can perhaps be exercised later, when one is an adult, …

Justice: An Un-Original Position, Neil Maccormick

Dalhousie Law Journal

Human societies are not voluntary associations. At least so far as concerns national societies and states, most human beings do not have a choice to which one they will belong, nor what shall be the law and the constitition of that to which they do belong; especially, their belonging to a given state is not conditional upon their assenting to the basic structure of its organization. Someone who is born into a given state has obviously no choice, no opportunity to stipulate conditions upon which he will accept citizenship. Choice can perhaps be exercised later, when one is an adult, …

Justice: An Un-Original Position, Neil Maccormick

Dalhousie Law Journal

Human societies are not voluntary associations. At least so far as concerns national societies and states, most human beings do not have a choice to which one they will belong, nor what shall be the law and the constitition of that to which they do belong; especially, their belonging to a given state is not conditional upon their assenting to the basic structure of its organization. Someone who is born into a given state has obviously no choice, no opportunity to stipulate conditions upon which he will accept citizenship. Choice can perhaps be exercised later, when one is an adult, …

Law As An Instrument Of Social Control And Law As A Facilitation Of Human Interaction, Lon L. Fuller

BYU Law Review

No abstract provided.

Obscenity, The Law And Religion, Thomas A. Long

IUSTITIA

The long history of the relation between Western religion and secular law is both interesting and complex.' In what follows I shall discuss one current social issue which is illustrative of this relation,namely, the relatively recent legal-moral controversy over obscenity.

Law In A Changing America, Jeoffrey C. Hazard, Ed., Harrison J. Pemberton, Jr.

Washington and Lee Law Review

No abstract provided.

Book Reviews, Henry N. Wieman, Jerome Hall

Vanderbilt Law Review

The problem discussed by Professor Stumpf in his book Morality and the Law can be summarized by these questions: Do we have two kinds of prescribed conduct, one prescribed by morality independent of the government, the other prescribed by government independent of morality? Or is prescription by government necessarily moral because government is necessarily moral by reason of being the government? If not, under what conditions, if any, does prescription by government become a moral prescription? Under what conditions, if any, is government, by law, a matter of expedience, not to be confused with morality?

reviewer: Henry Nelson Wieman

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Law And Literature--A Comment, Harvey Couch, Iii

Vanderbilt Law Review

The author here examines the ways in which law and literature complement each other; legal settings providing dramatic backdrops to fine literature and literature serving to familiarize lawyers with writing style as well as the moral sentiments of the people expressed in literature. Yet law and literature need not remain distinct entities, but blend together in certain works of such authors as Hand, Camus, and Prettyman, providing, perhaps, the lawyers most enjoyable reading.

Society And The Law, By F. James Davis, Henry H. Foster, Jr., C. Ray Jeffery, And E. Eugene Davis, Sanford N. Katz

Indiana Law Journal

No abstract provided.

Four Eighteenth Century Theories Of Justice, Clarence Morris

Vanderbilt Law Review

This paper is about an important facet of the justice theories of four eighteenth century European philosophers. The earliest of the four, Hume, thought justice and law were purely human inventions. The next, Montesquieu, said that justice preceded laws because possible relations of justice existed before human ordinances were enacted, and that man, who lives peacefully in the state of nature, invents unjust exploitation after he enters a state of society. Then followed Rousseau who pronounced that contemporary governments had enchained freedom and subverted justice, and whenever a just government did come to power its excellence was doomed to fade. …